Supreme Court rejects effort to disqualify anti-casino amendment on technicality


The Arkansas Supreme Court on Monday dismissed a portion of a lawsuit challenging the validity of Issue 2, the proposed constitutional amendment that would roll back plans to build a casino in Pope County.

In doing so, the court rejected a technical argument made by Attorney General Tim Griffin and Secretary of State John Thurston that has thrown a wrench into several other ballot measure campaigns this year. Griffin and Thurston have insisted for months that a certain piece of compliance paperwork concerning paid canvassers was invalid because it was signed by the wrong person.

In a unanimous decision authored by Justice Courtney Hudson, the court has now said the attorney general’s argument was incorrect.

The court also rejected an argument that canvassers for Issue 2 violated a different law, but it has not yet ruled on a separate claim challenging the validity of the measure’s popular name and ballot title. That means it’s still not guaranteed that votes cast for or against Issue 2 in November will count.

Though Monday’s ruling concerns only Issue 2, it is sure to affect a separate Supreme Court case involving Issue 3, a proposed constitutional amendment to expand Arkansas’s medical marijuana program. The marijuana case hinges on the same technical paperwork issue that the court appeared to resolve today. That suggests good news for the group behind the marijuana amendment.

Griffin and Thurston first made their argument about the paperwork technicality while attempting to shoot down the Arkansas Abortion Amendment this summer. (Griffin even filmed a 20-minute video in which he outlined his argument to the public.) In the end, the Supreme Court disqualified the abortion amendment on different — and dubious — grounds while remaining silent on the paperwork technicality in question.

Issue 2, which is sponsored by a group called “Local Voters in Charge,” is nominally about giving Pope County voters a direct say in whether a casino license will be awarded in their county. But it’s really the latest turn in a proxy war between rival Oklahoma-based gambling interests, the Cherokee Nation and Choctaw Nation. A Cherokee-backed group has won a license from the state to build a casino in Pope County; the Choctaw, who operate casinos near the Arkansas state line that would stand to suffer from the competition, are looking to blow up that licensing process. For details, read Matt Campbell’s breakdown of the issue.

Here’s the ruling in the casino case:



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